Pages

▼
Showing posts with label contributory negligence. Show all posts
Showing posts with label contributory negligence. Show all posts
Sunday, 2 March 2025

Supreme Court: Whether Motor accident claim tribunal can presume Contributory Negligence Without Direct Or Corroborative Evidence?

›
 We are unable to agree with the view taken by the High Court on the 25% contributory negligence of the deceased and 75% upon the driver of ...
Saturday, 8 February 2025

Supreme Court: Whether Motor accident claim tribunal can held deceased liable for contributory negligence if driver of offending vehicle fails to examine himself?

›
Firstly, with regard to the negligence, as held, a perusal of the judgment passed by the Motor Accident Claims Tribunal (for short 'MACT...
Tuesday, 31 December 2024

Supreme Court: Whether a person can be held liable in motor accident for contributory negligence or rash and negligent driving if he was attempting to overtake a vehicle?

›
  In the attending facts and circumstances, merely because a person was attempting to overtake a vehicle, cannot be said to be an act of ras...

Supreme Court: Compensation granted on account of death of passenger can not be reduced if there was contributory negligence of driver in which deceased was travelling?

›
In the case of Union of India v. United India Insurance Co. Ltd.,   MANU/SC/1357/1997 : 1997:INSC:705 : (1997) 8 SCC 683 this Court dealt wi...
Sunday, 15 December 2024

Supreme Court: Where both the parents were dependent on the deceased, a deduction to the extent of 1/3rd will also be appropriate in motor accident claim petition

›
 Normally, a deduction to the extent of 50% can be made. However, in Magma General Insurance Company Limited V/s. Nanu Ram alias Chuhru Ram ...

Under which circumstances, contributory negligence of deceased in motor accident is not made out?

›
 This is a case where the evidence on record establishes that the accident took place on account of rash and negligence on the part of the d...

How to appreciate pleading and evidence in motor accident claim petition regarding contributory negligence?

›
Admittedly, the accident involving Maruti OMNI van bearing registration no. MH-12-P-1503 and the motorbike bearing registration no. MH-16-W-...

Under which circumstance the MACT can infer that deceased was liable for contributory negligence if he did not wear helmet at the time of accident?

›
  At the same time, major portion of the contribution to the accident is on the part of the deceased. This is more so that the deceased did ...
Sunday, 22 September 2024

Bombay HC denies contributory negligence of car driver whose car dashed trailer with no parking or tail lights...

›
In my view, the offending trailer was proceeding ahead of the Maruti car of the deceased. The said trailer was not having break lights and t...
Saturday, 14 September 2024

Supreme Court: No contributory negligence on the part of deceased if truck trailer was parked on the road at night without any reflectors

›
The MACT then discussed the evidence of the driver of the truck trailer, NAW 1. After analysing the evidence of the driver, the MACT held th...
Thursday, 15 August 2024

Whether Burden of proof for contributory negligence on the part of deceased has to be discharged by the opponents?

›
 It would be seen that burden of proof for contributory negligence on the part of deceased has to be discharged by the opponents. It is the ...
Thursday, 25 April 2024

Leading Supreme Court judgment on contributory negligence and composite negligence in motor accident

›
The Tribunal assumed that the extent of negligence of the appellant and the first respondent is fifty:fifty because it was a case of composi...
Sunday, 27 November 2022

Whether Biker is Liable For Contributory Negligence If Parking Lights Of Stationary Vehicle Against Which He Dashed At Night Were Off?

›
 I am unable to understand findings given by the Tribunal regarding contributory negligence of the deceased when it has come on record that,...
Saturday, 19 March 2022

Can the court reduce the liability of the driver of the vehicle for payment of compensation in a motor accident case considering his police statement?

›
After going through the judgment in detail as also the documents produced by the learned advocate for the appellant by a separate compilatio...
Friday, 14 August 2020

Supreme Court: Pillion rider on a motor cycle along with the driver and one more person on the pillion, may be a violation of the law, but by itself cannot lead to a finding of contributory negligence.

›
But the above reason, in our view, is flawed. The fact that the deceased was riding on a motor cycle along with the driver and another, m...
Friday, 19 July 2019

What is difference between contributory negligence and composite negligence?

›
 'Composite negligence' refers to the negligence on the part of two or more persons. Where a person is injured as a result of negl...
Saturday, 14 April 2018

Whether a person can be held guilty for contributory negligence if he drives vehicle without driving license?

›
  If a person drives a vehicle without a licence, he commits an offence. The same, by itself, in our opinion, may not lead to a finding ...
Saturday, 13 May 2017

What is distinction between composite negligence and contributory negligence?

›
There is a distinction between composite negligence and contributory negligence. The Hon'ble Apex Court in the case of Khenyei v. The ...
Sunday, 27 November 2016

Whether triple riding on motor cycle amounts to contributory negligence?

›
 In case Kumari K. Pushpa Latha and another v. E. Murali Manohar Rao and another (supra), after taking the note of Section 128(1) of the...
Tuesday, 3 September 2013

Difference between composite negligence and contributory negligence

›
Composite negligence refers to the negligence on the part of the two or more persons. Where a person is injured as a result of the negl...